MEMORANDUM OF AGREEMENT 

CONCERNING LAW ENFORCEMENT SERVICE 

FOR THE CROW INDIAN RESERVATION 

This Memorandum of Agreement ("Agreement") with respect to Law Enforcement 

Services for the Crow Indian Reservation is entered into as of September 30, 2010 by and 

between the Crow Tribe of Montana (the "Crow Tribe" or "Tribes"), Crow Agency, and 

the Bureau of Indian Affairs (the "Bureau" or "BIA") Office of Justice Services ("OJS") 

under the authority of the Indian Law Enforcement Reform Act, 25, USC § 2804 (e) 

pursuant to the following recitals and agreements. 

Recitals 

WHEREAS, the Crow Tribe of Montana is a- federally recognized Indian tribe that 

maintains a government-to-government relationship with the United States, said 

relationship being grounded on Federal treaties and statutes; and 

WHEREAS, the United States has an obligation, secured by federal treaty, to protect the 

Tribe and its territory from criminals; and 

WHEREAS, the Federal Government has an interest in promoting strong tribal 

governments with the ability to protect the health and welfare of their members (69 FR 

6321-01); and 

WHEREAS, the Crow Tribe of Montana exercises powers of self-government, which 

have never been extinguished, which include the authority to protect the health, safety 

and welfare of its tribal members and all other persons who come within the Tribe's 

jurisdiction; and 

WHEREAS, the Federal Government has a legal, treaty and trust responsibility to prevent 

crime in Indian country; and 

WHEREAS, under the Indian Law Enforcement Reform Act, 25 USC§ 2801-2809, and 

the corresponding regulations at 25 CFR part 12, the Secretary of the Interior, acting 

through BIA, is charged with providing, or assisting in the provision of law enforcement 

in Indian Country (69 FR 6321-01); and 

WHEREAS, the BIA, U.S. Department of the Interior, currently administers the law 

enforcement functions for the Crow Indian Reservation and may continue to do so until 

such time as the Crow Tribe affirmatively elects to administer these program functions in 

accordance with provisions of the Indian Self-Determination and education Assistance 

Act of 1975 (P.L. 93-638) as amended; and 

Memorandum of Agreement 

Crow Tribe- September 30, 2010 to September 30, 2013 

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WHEREAS, the Crow Tribe, recogmzmg the need for increased uniformed patrol 

officers within the districts of the reservation, Crow Agency (and other dispatch 

locations) has in recent years appropriated scarce tribal funds to supplement, but not to 

Replace, Tribe/Agency TPA-39000 federal funds allocated for the Office of Justice 

Services; and 

WHEREAS, the parties wish to continue this arrangement for purposes of training tribal 

members in law enforcement careers and to work in partnership to provide professional 

law enforcement for members of the Crow Tribe, other eligible Indians, residents and 

visitors within the exterior boundaries of the Crow Indian Reservation, and for the 

purpose of effecting liability coverage for Crow Tribal employees assigned to work with 

the BIA Office of Justice Service; and 

WHEREAS, the Crow Tribe receives funding for various programs which complement 

and enhance law enforcement efforts on the Crow Reservation and coordination of the 

administration and implementation of these programs with BIA Law Enforcement 

Services will minimize duplication and maximize services for the Crow Tribe; and 

Agreements 

I. As the primary criminal law enforcement authority on the Crow Reservation until 

such time as the Crow Tribe takes on that duty, BIA Office of Justice Services 

shall work diligently to prevent and assist with the prosecution of crime on the 

Crow Reservation and to enhance public safety to the best of its abilities. This 

obligation includes responding and policing actively throughout the Crow 

Reservation. 

2. The Crow Tribe and BIA Office of Justice Services agree that the Crow Tribe 

may supply tribal police officers, at its discretion, to the BIA Law Enforcement 

Program on the Crow Reservation, with salaries paid by the Crow Tribe, to serve 

under the supervision ofthe BIA Chief ofPolice for the Crow Reservation. 

3. The following guidelines and authorities will apply to this agreement: Title 25, 

Code of Federal Regulations (CFR) Part 12, (1996 ed.), Subparts 12.11 through 

12.63, 12.200, 12.102-12, 12.105; 68 BIAM; Departmental Manual 446; 43 DFR 

Part 2 - Records and Testimony, Subpart D - Privacy Act, Subparts 2.45 through 

2.79, and Subpart# - Compulsory Process and Testimony of Employees, Subparts 

2.80 and 2.82 (Touchy Regulations) (1996 ed.0; Title 25 U.S.C. § 2803, 2804 

(sections 4 and 5 of the Act of August 18, 1990, Pub. L. 101-379, 104 Stat. 476), 

the Indian Law Enforcement Reform Act, as well as Sections 3202-3205, 3210(c), 

Pub. L. 101-630, Title IV (104 Stat. 4545-4551), the Indian Child Protection and 

Family Violence Prevention Act of November 28, 1990; Pub. L. 101-647, Crime 

Control Act of 1990, Child Care, Worker Employee Background Checks, and 

Lautenberg Amendment (pertaining to the prohibition against possession or use of 

weapons based upon investigation or conviction of domestic abuse) as 

Memorandum of Agreement 

Crow Tribe - September 30, 2010 to September 30, 2013 

Page 2 of8 
supplemented by policies issued by the BIA, BIA Superintendent, Crow Indian 

Agency, necessary to provide effective law enforcement services for the members 

of the Crow Tribe of Montana and other eligible Indians. While operating within 

the scope of their employment the Federal Tort Claims Act, 28 U.S.C. § 2671-

2680, as discussed below, and Federal Employees Compensation Act, 5 U.S.C. § 

8191, may also be applicable to the extent permitted by law. 

4. All personnel employed as police officers, whether BIA employees or employees 

of the Crow Tribe assigned to work at the Bureau's Law Enforcement Program, 

shall complete minimum training requirements at approved training courses 

recognized by the BIA, Office of Justice Services. In accordance with Federal 

requirements outlined in 25 CFR § 12.35 no law enforcement officer shall 

perform law enforcement duties until they have successfully completed a basic 

law enforcement training course prescribed by the BIA-OJS Deputy Bureau 

Director. All officers shall complete required training courses annually as 

prescribed in the BIA-OJS Law Enforcement Handbook. The BIA Chief of 

Police shall inform employees of the Crow Tribe of training opportunities and 

provide applications for such training. Training will be coordinated by the Chief 

of Police. 

5. All Crow tribal employees associated with the BIA-OJS shall meet all 

background and criminal history reporting requirements mandated by 25 CFR 

subpart § 12.32, Public Law 101-630 and Public Law 101-647, as described 

above. All law enforcement personnel must successfully complete a thorough 

background investigation no less stringent than required of a federal officer 

performing the same duties. The background investigation must be adjudicated 

by trained and qualified security personnel. All background investigations must 

be documented and available for inspection by the BIA- OJS. These requirements 

include, but are not limited to, no felony convictions, no domestic abuse 

convictions, and no misdemeanor offenses within one year of the date of the 

background check. The background check will include an NCIC search, a local 

Tribal Court records search, reference check, financial records check, 

employment record check, fingerprint card forwarded to the FBI and any other 

record check required to complete the background investigation. The BIA 

assumes the responsibility for providing background check packets to tribal law 

enforcement personnel; processing NCIC background search and forwarding 

fingerprint cards to the FBI. All backgrounds must be adjudicated before an 

employee is allowed to work in a law enforcement position unless a waiver is 

obtained through the BIA-OJS. 

6. Should derogatory information surface during a subsequent background 

investigation, the employee shall be immediately removed from BIA-OJS and 

assigned elsewhere or be terminated, as may be appropriate. The Crow Tribe will 

assume any costs associated with background checks for tribal employees. 

Memorandum of Agreement 

Crow Tribe- September 30, 2010 to September 30, 2013 

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7. Designated law enforcement work tmder this agreement shall be directed by the 

BIA Office of Justice Services Program Director that is the Supervisory Police 

Officer, designee or Chief of Police. The Crow Tribe agrees and understands that 

the Crow Law Enforcement Department will have only one Supervisor, the BIA 

Chief of Police. The Crow Tribe agrees that tribal police offic.ers will be under 

the supervision and review of the BIA Chief of Police and will report and respond 

through established BIA-OJS chain of command. 

8. While acting within the scope of their employment and authority under this 

Agreement, employees of the Crow Tribe shall be covered by the Federal Tort 

Claims Act and the Federal Employees Compensation Act to the extent allowable 

and permitted by law. The Crow Tribe, through its official representatives, and its 

employees, agree to cooperate fully with the Billings Field Solicitor (Rocky 

Mountain Region), and the Rocky Mountain Regional Office, BIA, and Crow 

Indian Agency in the investigation and documentation for claims arising from the 

performance of duties covered under this Memorandum of Agreement, including 

but not limited to: 

a. Provide a certification of employment and a statement certifying whether 

the employee is acting within the scope of work covered by this 

Memorandum of Agreement. This statement provided in response to this 

subsection should include: 

1. The name and title or position ofthe involved employee(s); and 

u. A brief description of the employee(s) duties and/or a copy of the 

individuals' job description; and 

111 . A narrative description of the incident giving rise to the claim(s), 

including the time, date and place of the incident; and 

iv. If an automobile was involved, a certification that the driver had 

permission and authority to drive the U.S. Government-owned or 

leased vehicle, and identity of the official who gave the permission 

by name and position title, and scope ofpermitted use; and 

v. Identify the individual making the certification pursuant to this 

subsection by name and title or position. 

b. Advise whether or not the Crow Tribal employee(s) carries liability 

insurance that covers the type of claim(s) involved and, if so, include a 

copy of the policy, showing the name ofthe insurer and their address. 

c. Provide copies of all police reports, statements from the involved 

employee(s) (and witness, if any) which includes the names, titles or 

Memorandum of Agreement 

Crow Tribe- September 30, 2010 to September 30, 2013 

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positions, and telephone numbers of all person(s) familiar with the 

incident giving rise to the claim(s). 

d. Designate the Crow Tribe Public Safety Officer or other appropriate Crow 

Tribal employee as the "Tort Claim Officer" for the purposes of this 

Memorandum of Agreement, who shall be responsible for ensuring that 

the above described information is obtained by the BIA and the Billings 

Field Solicitor regarding any claim(s) arising from activities covered by 

this Agreement. 

e. Promptly notify the collateral safety officer at the Crow Agency of any 

incident which involved Crow Tribal police services personnel, acting in 

furtherance ofthis Agreement, that may have resulted in a death, actual or 

potentially serious personal injury, or substantial property damage 

(estimated to be in excess of $5,000), ensure that tribal employees are 

made available to testify or otherwise assist the United States in defending 

against any claim(s) arising from activities covered by this Agreement. 

9. Under this Agreement, the Crow Tribal police officers who meet all basic 

requirements, including completion and certification of a favorable background 

check/criminal history check and completion of required training, shall have the 

authority to arrest, stop and search, confiscate, serve citations, transport prisoners 

and involuntary mental health detainees, prevent and investigate violations of the 

Crow Tribal Law and Order Code, assist in accidents and emergencies, bear and 

transport messages where necessary for the peace and welfare of the Tribe, 

preserve law and order, and serve as an officer of the tribal court. BIA police 

officers are authorized and obligated to enforce tribal law pursuant to Crow Tribal 

Resolution Nwnber 91-12, and to carry out the authorities outlined in 25 U.S.C. § 

2803. 

10. As authorized in the Federal Acquisition Regulations, Part 45, Government 

Property, the BIA Branch of Justice Services will authorize tribal personnel under 

the supervision of BIA Crow Law Enforcement Department Chief of Police to use 

necessary U.S. Government equipment such as pistols, rifles, electronic devices, 

batons, vehicles, ASP, pepper mace, police radios, keys and other assigned 

equipment defined in manuals approved for use by the BIA, provided that such 

tribal personnel are instructed and certified in the proper use, maintenance, and 

custody of assigned government property. 

11. The Crow Tribe shall provide insurance for its employees who are assigned to 

work under the supervision of the BIA Crow Law Enforcement Department. If 

the Tribe's employee(s) use U.S. Government-owned or leased police or other 

vehicles, the Tribe shall provide insurance in the amount of $50,000 for uninsured 

motorists in the actual cash value or cost of repair or replacement, whichever is 

less (minus the deductible) for each covered vehicle. The insurance policy 

Memorandum of Agreement 

Crow Tribe- September 30, 2010 to September 30, 2013 

Page 5 of8 
obtained by the Tribe shall name the United States Bureau oflndian Affairs as the 

insured. The insurance covers the tribal police officers or other tribal employees 

under the supervision of the BIA Crow Law Enforcement Department when they 

are operating vehicles owned by the U.S. Government. 

12. Officers of the Crow Law Enforcement Department - both BIA and Tribal - shall 

make all reasonable efforts to timely appear in Crow Tribal Court as requested by 

the Crow Tribal Prosecutor and shall respond to orders of the Crow Tribal Court, 

to the extent allowable under federal law. 

13. Officers of the Crow Law Enforcement Department - both BIA and Tribal - shall 

enforce the laws of the Crow Tribe to the extent allowable under federal law, as 

well as all applicable federal criminal laws. BIA police officers are authorized to 

enforce tribal Law pursuant to Crow Tribal Resolution Number 91-12, and carry 

out the authorities outlined in 25 U.S.C. § 2803. 

14. The BIA Chief of Police shall provide quarterly reports to the chairman of the 

Crow Tribe Executive Branch and/or his/her designee and respond to reasonable 

requests for information, which is not prohibited from disclosure by tribal or 

federal law. 

15. Supervision of all tribal personnel employed under or assigned to BIA Law 

Enforcement shall be assigned to the BIA Law Enforcement Department under 

the administration ofthe ofthe BIA Chief of Police. 

16. Nothing in this Agreement affects the BIA's right to deputize members of other 

agencies - tribal and/or non-tribal - to assist in its efforts to protect public safety 

and enforce applicable laws on the Crow Reservation. 

17. Reports and documents generated by Crow Tribal Law Enforcement personnel in 

connection with official law enforcement duties are the exclusive property of the 

BIA-OJS and are to be maintained in accordance with BIA-OJS administrative 

standard policy and procedures. Reports and documents shall be generated in a 

timely manner and shall be made available to the Crow Tribe, its members, and 

other residents of the Crow Reservation, for prosecutorial, investigative, 

insurance-related, and all other reasonable purposes to the extent that disclosure 

of such information is not prohibited from disclosure by tribal or federal law. 

18. Salary and fringe benefits for tribal employees, such as life or health insurance 

benefits and retirement pensions, are discretionary and if available are provided at 

the sole expense of the Crow Tribe. 

19. BIA and Tribal law enforcement personnel, as well as other tribal program 

personnel, shall strictly maintain confidentially of all ongoing police 

investigations to insure the integrity and success of such investigations. Should 

Memorandum of Agreement 

Crow Tribe- September 30, 2010 to September 30, 2013 

Page 6 of8 
substantiated information surface that a tribal law enforcement employee has 

divulged investigative information, which jeopardized an ongoing investigation; 

the tribal employee shall be terminated from his/her law enforcement position and 

reassigned. 

20. Either party involved in this Agreement may suspend, terminate or revoke this 

Agreement upon thirty (30) days written notice to the other sent by registered, 

certified or first class mail. This Agreement shall not be amended except by an 

instrument in writing executed by the parties to this Agreement, said executed 

Agreement to be attached to this Agreement and incorporated herein by reference. 

Any notice required or permitted to be given under this Agreement shall be 

deemed sufficient if given in writing and sent by registered, certified or first class 

mail. 

21. The provisions of this Agreement are severable and should any provision be held 

invalid or unenforceable, the remainder of this Agreement is to remain in effect, 

unless terminated as provided in this Agreement. 

22. Nothing in this Agreement shall be construed to cede any jurisdiction, to waive 

any immunities, to modify the legal rights of any person, to accomplish any act of 

violation of federal, state or tribal law so as to subject the parties, jointly or 

severally, to any liability to which they would not otherwise be subject absent this 

Agreement. In particular, nothing in this Agreement waives the sovereign 

immunity ofthe Tribe. 

23. Nothing in this agreement waives or diminishes the Tribe's ability and 

responsibility to protect the health, welfare, and safety of its members or the 

integrity of its lands and resources. 

24. This Agreement shall be in effect immediately upon signature of the parties and 

for a term not to extend beyond September 30, 2013, and represents all 

understandings, agreements and proposed modifications of the pre-existing 

agreements which are superseded, rescinded, voided, canceled and revoked upon 

approval ofthe parties/signatories to this Memorandum of Agreement. 

Memorandum of Agreement 

Crow Tribe - September 30, 2010 to September 30, 2013 

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly 

executed and witnessed in their names by the proper officials thereofwho are duly 

authorized on the effective date herein above set forth. 

Witnesses: Crow Tribe ofMontana 

Bureau of · Affairs 

Office of 

Distri 

Memorandum ofAgreement 

Crow Tribe - September 30, 2010 to September 30, 2013 

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